8.2-5 Purchase
of Firearm with Intent to Transfer
it to Person Prohibited from
Purchasing or Possessing -- § 29-37j

Revised to December 1, 2007 (modified June 13, 2008)

A. If charged
with a violation of § 29-37j (a):

The defendant is charged [in count __]
with purchasing a firearm with intent to provide it to a person prohibited from
possessing firearms. The statute defining this offenses imposes punishment on
any person who purchases a firearm pursuant to legal procedures for purchasing
firearms with the intent to transfer such firearm to any other person who the
transferor knows or has reason to believe is prohibited from purchasing or
otherwise receiving such a firearm.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Lawfully purchased
a firearmThe first element is that the
defendant lawfully purchased a firearm. This means that (he/she) had a permit1
or legal right to do so.

"Firearm"
means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or
other weapon, whether loaded or unloaded, from which a shot may be discharged.You must find that the firearm was
operable at the time of the incident.2

Element 2 - Intent to transfer
to person The second element is that the
defendant did so with the specific intent to transfer the firearm to another
person. A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

Element 3 - Knowledge that
other person was prohibited from purchasing or possessing firearmThe third element is that the
defendant knew or had reason to believe that the intended recipient of the
firearm was prohibited from purchasing or otherwise receiving a firearm because
(he/she) did not have a valid permit. A person acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant lawfully purchased a firearm, 2)
(he/she) specifically intended to transfer that firearm to another person, and
3) (he/she) knew or had reason to believe that the intended recipient of the
firearm was prohibited from purchasing or otherwise receiving a firearm.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of this offense, then
you shall find the defendant guilty. On the other hand, if you unanimously find
that the state has failed to prove beyond a reasonable doubt any of the
elements, you shall then find the defendant not guilty.

B. If charged with a violation of § 29-37j (b)

The defendant is charged [in count __]
with (soliciting / employing / assisting) another person to purchase a firearm
and provide that firearm to a person not allowed to possess firearms. The
statute defining this offenses imposes punishment on any person prohibited from
purchasing or otherwise receiving or possessing a firearm who (solicits /
employs / assists) any person to purchase a firearm with the intent to provide
it to a person prohibited from possessing firearms.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Prohibited from
purchasing or possessing a firearmThe first element is that the
defendant was prohibited from purchasing or otherwise receiving or possessing a
firearm by virtue of not having a permit.

Element 2 - Had another person
purchase firearmThe second element is that the
defendant (solicited / employed / assisted) another person to lawfully purchase
a firearm.

A "firearm"
is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other
weapon, whether loaded or unloaded, from which a shot may be discharged. You
must find that the firearm was operable at the time of the incident.3

Element 3 - Intent to transfer
to personThe third element is that the
defendant specifically intended that the firearm would be transferred to a
person who did not have a permit to possess a firearm. A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant was prohibited from purchasing
or otherwise receiving or possessing a firearm by virtue of not having a permit,
2) (he/she) (solicited / employed / assisted) <insert name of other person>
to lawfully purchase a firearm, and 3) (he/she) intended to transfer that
firearm to <insert name of intended recipient> who was prohibited from
possessing a firearm by virtue of not having a lawful permit.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of this offense, then
you shall find the defendant guilty. On the other hand, if you unanimously find
that the state has failed to prove beyond a reasonable doubt any of the
elements, you shall then find the defendant not guilty.
_______________________________________________________

Sentence EnhancerSection 29-37j
(b) provides a sentence enhancement for a conviction of subsection (b) if
the transfer involved more than one firearm. The jury must find this fact
proved beyond a reasonable doubt. See
Sentence Enhancers, Instruction
2.11-4.

Subsequent offenderGeneral
Statutes § 29-37j (c) provides for an enhanced sentence if the defendant has
been convicted of a felony within the prior five year period. Pursuant to
Practice Book § 36-14, the prior conviction must be charged in a Part B
information so that the jury is unaware of the prior conviction during the
trial on the current charge. If a guilty verdict is returned, the jury must
then be instructed on the second part of the information. See
Subsequent Offenders, Instruction
2.12-2.